Society Of Obstetricians And Gynaecologists Of Canada Recommends That Parliament Reject Bill C-484

Main Category: Pregnancy / Obstetrics
Also Included In: Pediatrics / Children's Health;  Regulatory Affairs / Drug Approvals;  Women's Health / Gynecology
Article Date: 04 Sep 2008 - 1:00 PDT

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The Society of Obstetricians and Gynaecologists of Canada (SOGC) is profoundly troubled by private member's Bill C-484, entitled the Unborn Victims of Crime Act, and opposes its passage into law.

This Bill can only be interpreted as giving the foetus in utero legal status at conception. It would fundamentally change current Canadian law which makes it clear that a woman and her foetus in utero are treated legally as one person, not two - as one patient for a doctor, nurse, or midwife. To do otherwise would dramatically complicate the delivery of care to pregnant women by introducing the necessity of third party intervention in medical decision-making.

"The impact of this private member's Bill on the practice of medicine in Canada would be substantial" said the President of the SOGC, Dr. Scott Farrell. "It creates a new situation where doctors, nurses, and midwives could be charged as criminals simply for providing necessary care to pregnant women and their foetus in utero."

As healthcare professionals, we are best placed to understand the far-reaching medical implications of this Bill. Bill C-484 would prevent doctors and nurses treating pregnant women from meeting their professional responsibilities to their pregnant patients.

The SOGC also believes that Bill C-484 does nothing to address violence against women. First, there are no concurrent sentences for multiple murders in Canada. Second, it would allow an abusive spouse or partner to rely on the defence of provocation by the pregnant woman who is assaulted, injured or killed in a "crime of passion", where the woman miscarries as a result. Third, this Bill would require the Crown to prove beyond a reasonable doubt that the defendant "knew or ought to have known" that the woman was pregnant. In such acts of violence, no charge would arise under this Bill, where a pregnant woman is not yet showing her pregnancy.

Dr. André Lalonde, Executive Vice-President of the SOGC stated that: "The SOGC firmly opposes any lessening of protection against domestic and other violence. The Government should be investing in programs to prevent and protect pregnant women from aggressive behaviour and abuse."

For these reasons, the SOGC recommends that Parliament reject Bill C-484 as a threat to the health and well-being of pregnant women and their foetus', to women's reproductive and sexual rights, and to the practice of obstetrics and gynaecology.

SOGC